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S TRANSLATOR TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE FOR THE S TRANSLATOR SERVICES CAREFULLY BEFORE USING THE S TRANSLATOR SERVICES. The S Translator services offers limited translation services for the text and speech content you provide to the S Translator services (the “Content”). These terms of service for the S Translator services (the “S Translator TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the S Translator services. The S Translator TOS supplements the Samsung Service Terms and Conditions ("Service Terms and Conditions") that you have already agreed to (or concurrently agree to along with this S Translator TOS) when opening a single sign on user account with Samsung (the "Samsung Account"). For those of you who do not have a Samsung Account yet, please read the Service Terms and Conditions that are provided at [https://account.samsung.com] and open a new Samsung Account before using the S Translator services. Even though the most critical and important service terms are covered here in the S Translator TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to the S Translator services are incorporated by reference into this S Translator TOS.

1. Acceptance of the S Translator TOS

1.1 BY USING THE S TRANSLATOR SERVICES, YOU AGREE TO BE BOUND BY THIS S TRANSLATOR TOS. IF YOU DO NOT AGREE TO THE S TRANSLATOR TOS, PLEASE DO NOT USE THE S TRANSLATOR SERVICES.

2. Provision of the S Translator Services by Samsung

2.1 You acknowledge and agree that the S Translator services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.

2.2 Use of the S Translator services requires your devices to have access or connection via mobile network or Internet (fees may apply), and certain software, and may require obtaining updates or upgrades from time to time. Because use of the S Translator services involves hardware, software, and Internet access, your ability to use the S Translator services may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, is your responsibility and that your use of any third-party services is subject to the terms and conditions of use established by the respective third-party service providers.

3. Your Use of the S Translator Services

3.1 You acknowledge that the S Translator services are available for a limited set of languages. You also acknowledge that the S Translator services are provided on an “AS IS” basis. Samsung does not guarantee that the translation results will be accurate or error-free. You agree to use the S Translator services at your sole risk and that Samsung and Nuance (as provider of the Speech Recognition Service, as described in Section 5) shall have no liability to you for your use of the Content which is translated by use of the S Translator services. Without limiting the generality of the foregoing and to the extent permitted by applicable laws, in no event shall Samsung or Nuance be liable for any direct, special, indirect or consequential damages, including, but not limited to, loss of revenues and/or loss of profits.

3.2 You may not use the S Translator services for any purpose that is unlawful or prohibited by the S Translator TOS. You are specifically prohibited from using the S Translator services in connection with any contents that (i) are in violation of any third party’s rights, including intellectual property rights; (ii) are pornographic, abusive, threatening, defamatory, or otherwise illegal or in non-conformance with Samsung’s content guidelines; or (iii) contain viruses or other harmful software, code or other means that impact or limit the S Translator services or the devices running the services.

3.3 Samsung’s software that you utilize for the S Translator services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the S Translator services.

4. Protection of Privacy and Content

4.1 Samsung is committed to the protection of your personal data, including the Content you translate through the S Translator services. For information about Samsung’s privacy policy for the S Translator services, please read the Samsung Account Privacy Policy [http://account.samsung.com/legal/pp]. You agree that you will comply with the Samsung Account Privacy Policy.

5. S Translator and Use of a Speech Recognition Service

5.1 The S Translator service uses speech recognition technology as a component of the translation service. You acknowledge that Samsung may utilize a speech recognition service (the “Speech Recognition Service”) provided by a third party, Nuance Communications Inc. (“Nuance”), and you acknowledge and agree to the following in connection with your use of the S Translator service.

5.2 You agree not to submit any automated or recorded requests to the S Translator service.

5.3 You acknowledge that the words you dictate to the S Translator service (including audio recordings of such words, associated transcriptions and log files) (“Speech Data”) will be collected by Nuance in providing the Speech Recognition Service. If you use the S Translator service to translate Content which contains personal information, Speech Data may contain such personal information.

5.4 You consent and agree that in providing the Speech Recognition Service, Nuance may collect Speech Data which may be used by Nuance and its third party partners to tune, enhance and improve (a) the Speech Recognition Service and (b) other Nuance products and services.

5.5 You acknowledge and agree that your Speech Data may be transferred to the United States and/or other countries for storage, processing and use by Nuance and its third party partners as set forth in Section 5.4.

5.6 Any and all Speech Data that you provide will remain confidential and will be used in accordance with applicable law but may be disclosed by Nuance, if so required, to meet legal or regulatory requirements, such as under a court order or to a government agency if required or authorized by law, or to a third party which acquires or merges with Nuance.
2013-09-23